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State v. Mingus2/5/2004
Submitted on Briefs: December 4, 2003
Robert Mingus (Mingus) appeals the sentence imposed by the District Court. We reverse in part, affirm in part, and remand.
The issue presented on appeal is whether the District Court erred in sentencing by (a) ordering a $1,000 fine; (b) not giving Mingus credit toward the fine for his pretrial detention; and (c) ordering payment for aftercare treatment.
Factual and Procedural Background
On October 24, 2002, Mingus was charged by Information with the offense of Driving Under the Influence of Alcohol or Drugs (DUI), a felony, in violation of § 61-8-401, MCA, and with Driving While License Suspended or Revoked, a misdemeanor, in violation of § 615-212, MCA. On December 20, 2002, Mingus pled guilty to the DUI charge and the State agreed to dismiss the Driving While License Suspended or Revoked charge at sentencing. The court ordered a presentence investigation (PSI). The PSI listed Mingus's debts and assets as zero. It also stated that prior to his arrest, Mingus was employed as a maintenance worker at an auto business, making approximately $1,280 per month. The PSI indicated Mingus would be able to return to that job once he was on probation.
In May of 2003, the District Court sentenced Mingus to a period of thirteen months to a facility approved by the Department of Corrections, subject to probation if he completed a residential alcohol treatment program. Additionally, he was sentenced for five years to the Montana State Prison, all suspended and to run consecutively to the thirteen-month term already imposed. The court also imposed a $1,000 fine. The record reflects that the court considered the PSI which recommended certain conditions as part of Mingus's probation. These conditions relevant to this appeal included:
5. The Defendant shall obtain a chemical dependency evaluation by a state approved treatment provider/facility, at his own expense, and follow all recommendations of said evaluation.
12. The Defendant shall pay a fine of not less than $1,000 or more than $10,000.
13. The Defendant, if financially able, as a condition of probation, shall pay $50 per day for the cost of imprisonment and/or alcohol treatment for the length of time the offender is imprisoned or in in-patient alcohol treatment.
16. The Defendant will enter and remain in an aftercare treatment program for the entirety of the probationary period. The Defendant will pay for the cost of out-patient alcohol treatment during the term of probation.
In District Court, Mingus objected to Conditions 12, 13, and 16. The record does not reflect that he properly objected to Condition 5. After voicing his objections, Mingus asked the court to follow the remainder of the plea agreement. The court engaged in the following colloquy with Mingus:
THE COURT: Anything that you want to say, Mr. Mingus?
MINGUS: No, sir.
THE COURT: Well, you've obviously had a long history and involvement with the legal system, and it appears there's some agreement here on maybe some underlying causes. Until you get a handle on your alcohol, you may just keep continually racking up some of these charges.
I will order you sentenced to thirteen months to the Department of Corrections, followed by five years of probation, and I'm going to order you to pay a thousand dollar fine. I'm not going to give you credit for time served. It will be over and above any credit applying to the fine. I will give you credit for the time you've spent in jail and in prison on this sentence.
At sentencing, the court discussed the changes it woul
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